Md. Munna v. The State Of Bihar

Patna High Court Cr.Misc. No.19754 of 2016 (3) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19754 of 2016 Arising Out of PS.Case No. -1145 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Md. Munna, Son of Md. Moti, resident of Mohalla - Mehdi Hassan Chowk Gafur Basti, P.S. Brahmpura, District - Muzaffarpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Awadhesh Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Ahiyapur P.S. Case No. 1145 of 2015 registered under Sections 366(A) and 372 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Muzaffarpur.

The accusation is of kidnapping of Puja Kumari @ Kajal Kumari, daughter of informant, by this petitioner with intention to perform the marriage.

Learned counsel for the petitioner submits, in fact, petitioner is mechanic in the Garage, which is situated adjacent to the tea shop of informant and due to some dispute regarding payment of price of tea taken by the petitioner this false case has

Patna High Court Cr.Misc. No.19754 of 2016 (3) dt.12-07-2016 been lodged. Moreover, victim was examined medically on 05.01.2016 and her age is assessed in between 16-17 years. The petitioner has no criminal antecedent and is in custody since 27.02.2016.

Learned A.P.P. opposed the prayer for bail of the petitioner with submission that victim has supported the case about her kidnapping by the petitioner and committing rape in her in statement under Section 164 of the Cr.P.C. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T